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Bombay High CourtCAO/570/2022ca disposed off

Vidarbha Industries Private Limited, New Mumbai Thr. Its Director, Shri Ashesh Padhi v. Mrs. Prabha W/O Deoraoji Chambhare And Others

2023-02-16Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 9 cao 570-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.570/2022 IN MISC. CIVIL APPLICATION ST. NO.3554/2022 IN REJ. SECOND APPEAL NO.649/2018 (S.A. ST. NO.11551/2018) Vidarbha Industries Private Limited Vs.

Mrs. Prabha w/o Deoraoji Chambhare and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Bhakti Pimplikor, Advocate h/f Shri A.M. Jaltare, Advocate for applicant CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

16/02/ The present application is filed for condonation of delay in filing restoration of the Second Appeal. It appears that Second Appeal was listed before the learned Registrar (Judicial) on 19/07/2018 in which the applicant was directed to remove the office objections within 14 days. The said order was communicated to the applicant. However, due to change in staff and financial crisis, there was nobody to look after the legal affairs. In that process, there is delay of 588 days in seeking restoration of Second Appeal.

2.

I am of the view that the matter should not be unheard on these technical aspects, however, it cannot be overlooked that there is delay of 588 days. Hence, the application is allowed.

2 9 cao 570-2022 3.

The delay of 588 days is hereby condoned subject to costs of Rs.5000/- to be deposited within four weeks to the Vidarbha Lady Lawyer Association. 4.

After payment of costs, the Registry is directed to register the Misc. Civil Application. 5.

The application stands disposed of.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE